China National Chartering Corp. v. Pactrans Air & Sea Inc.

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

This matter is before the Court on a motion by the third party defendants (collectively, “Devon”) to vacate Supplemental Rule B attachments obtained by defendant-third party plaintiff Pactrans Air & Sea Inc. (“Pactrans”) and for counter-security. Magistrate Judge Ronald E. Ellis has filed a report and recommendation (the “R & R”) suggesting that the Court grant the motion to vacate and deny counter-security. Pactrans objects. The matter raises once again the question when a court ought to vacate a Rule B attachment on equitable grounds.

Facts

Dev…